Horseracing Integrity and Safety Authority: Impact as Battle Continues

Unsettled Future of U.S. Horse Racing

In the ongoing battle over the authority of the Horseracing Integrity and Safety Authority (HISA), victory remains elusive. As the horse racing industry yearns for unified leadership, a continued state of discordance may lead to significant damage. The recent ruling by three justices in the U.S. Fifth Circuit Court of Appeals ensures that this void persists.

The Friday night ruling by the Fifth Circuit, deemed HISA’s enforcement power in violation of the private non-delegation doctrine, rendering it unconstitutional. Conveniently released on a holiday weekend, the decision permits state commissions in jurisdictions including Texas and Louisiana to govern their race tracks as per their accord.

HISA, Supreme Court and Ongoing Cases

A wave of celebration swept over the National Horsemen’s Benevolent and Protective Association (HBPA) following this ruling. However, HISA had tasted victory when the U.S. Supreme Court declined to review the U.S. Sixth Circuit Court of Appeals decision in Oklahoma v. United States, which proclaimed HISA constitutional.

In not taking up the case, the Supreme Court indirectly exhibited its agreement with the lower court’s ruling. Nevertheless, a third case challenging HISA’s credibility is in progress in the Eighth Circuit Court of Appeals. The diverging opinions of the Fifth and Sixth Circuit Courts make it hard to predict the ruling of the Eighth Circuit, and regardless of the outcome, division and uncertainty will persist.

This division is reflected in the operations of the industry—where a segment, including Churchill Downs and tracks within the Commonwealth of Kentucky, adhere to HISA’s rules, while others defer to their state commissions. A straightened path to unity lies ultimately in the hand of the Supreme Court, whose timeline for a final verdict remains unclear.

HISA’s Impact and the Need for Unity

While court battles continue, the impact of HISA on improving the safety of the industry is undeniable. Since its implementation of safety regulations in July 2022 and doping policies in May 2023, horse deaths have seen a significant decline.

According to HISA’s 2024 first quarter metrics report, racing-related fatalities have decreased by 38%—a steep decline to 0.84 per 1,000 starts as compared with the first quarter of 2023, where 1.35 fatalities occurred per 1,000 starts.

However, the system is not devoid of flaws. An internal review in December revealed discrepancies in six Horseracing Integrity and Welfare Unit (HIWU) laboratories. Differing limits in blood detection for two drugs were found, contravening the objective of HISA to enforce a standard drug testing protocol for all participants.

In conclusion, the quest for unity in horse racing continues, albeit on a path fraught with uncertainties.